Syed Fahmi Ali v. Sportina Payce Infrastructure Pvt. Ltd.

Delhi High Court · 11 Jan 2023 · 2023:DHC:251
Tushar Rao Gedela
EX.F.A. 4/2023
2023:DHC:251
civil appeal_dismissed

AI Summary

The Delhi High Court condoned an 11-day delay in filing a civil appeal and granted liberty to the petitioner to approach the Executing Court regarding amounts already released to the respondent.

Full Text
Translation output
Neutral Citation Number 2023/DHC/000251
EX.F.A. 4/2023 2
HIGH COURT OF DELHI
JUDGMENT
delivered on: 11.01.2023
EX.F.A. 4/2023
SYED FAHMI ALI ..... Petitioner
Versus
SPORTINA PAYCE INFRASTRUTURE PVT. LTD..... Respondent
For the Petitioner : Adv. (Appearance not given)
Advocates who appeared in this case:
For the Respondent : None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]

1. Allowed, subject to all just exceptions. CM APPL. 1251/2023-EXEMP.

2. Application stands disposed of. CM APPL. 1253/2023 (DELAY 11 DAYS IN FILING APPEAL) Neutral Citation Number 2023/DHC/000251 EX.F.A. 4/2023 2

3. This is an application seeking condonation of delay in filing the appeal.

4. For the reasons stated in the application, the application is allowed. The delay of 11 days in filing the present appeal is condoned.

5. The application is disposed of.

6. Learned counsel for the appellant submits that subsequent to the passing of the impugned order, this court in another petition has released an amount of Rs. 2 Crore in favour of the respondent. EX.F.A. 4/2023 & CM APPL. 1252/2023 (STAY)

7. In view of the above, learned counsel seeks liberty to approach the Executing Court with an appropriate application in respect of the submission that the respondent has already received an amount of Rs.[2] Crore from this court in a different proceedings.

8. In view of the above submissions, the liberty sought is granted without prejudice to the rights & contentions of the appellant.

9. The appeal is disposed of in accordance with the aforesaid directions.

TUSHAR RAO GEDELA (JUDGE) JANUARY 11, 2023